BLOG

State legislators approved a bill that allows residents to expunge certain non-violent criminal records for offenses that were committed by minors.

The Second Chance Act

Governor Roy Cooper signed Senate Bill 562 (SB562), also known as The Second Chance Act, on June 25, 2020. It creates expunction allowances for people who were under 18 when they committed certain misdemeanors or felonies. To be eligible, an individual must have completed their sentence, probation and any post-release supervision.

Requests for expunction may be filed by the person or District Attorney. If approved, records will be sealed and no longer available to the public.

Read SB562.

Support For SB562

The Second Chance Act was unanimously approved by the North Carolina House and Senate. Legislators believe it will help many people clear convictions for offenses that occurred when they were underage. Having these records can be a barrier to obtaining employment and other necessities. Violent and other serious offenses are not eligible.

Chief District Court Judge J. Corpening spoke favorably about the bill. He said: “These are lower level offenses that aren’t violent offenses, that don’t place the public at risk and, in many cases, they happened years ago. And in order to qualify, they can’t have continued to engage in that behavior. It’s the right thing to do by our young people; it would’ve been the right thing to do by our young people decades ago.”

Stipulations For Expungement

SB562 creates specific requirements for expungement. It notes that non-violent offenses may be eligible but also clarifies certain types of convictions cannot be expunged.

For a request to be approved, the reviewing court must find that the petitioner:

• Has not been granted an expunction prior to the date of any offense listed on the current request.
• Is of good moral character.
• Has no outstanding warrants or pending criminal cases.
• Meets the following criteria:
• If a petition is for the expunction of one non-violent misdemeanor, the petitioner has no convictions for any other felony or misdemeanor other than a traffic offense.
• If a petition is for the expunction of more than one non-violent misdemeanor, the petitioner has no convictions for a misdemeanor or felony that is listed as an exception to the terms non-violent misdemeanor or non-violent felony.

What Employers Should Know

Employers in North Carolina should be aware that more people may have criminal records expunged. When that happens, those records cannot be reviewed or used to help make employment decisions. They will not be included on background checks created by Consumer Reporting Agencies.

Organizations are encouraged to run comprehensive background checks on applicants and employees. These reports can contain information about serious convictions that could show a person presents and undue risk. They help employers make informed decisions and create safe workplaces.

When Screening Candidates

If your organization is ready to screen, please contact us. Our experienced team can help you create background check packages for any position. We are available to assist you Monday through Friday from 5am to 6pm PT.